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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have Assured Shorthold Tenancy started in 7th of October

Resolved Question:

I have Assured Shorthold Tenancy started in 7th of October 2011. The tenancy was never renew. So I assumed that its now periodic agreement rolling from month to month. Does it mean that I have to serve only one month notice? Regards ***** ***** 0798(###) ###-####
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi Magdalena
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Yes, that is broadly correct because if your original assured shorthold tenancy expired then you now have a statutory periodic tenancy. However, there are couple of points which you need to be aware of.
You need to give one months notice in writing to the landlord but the notice period must expire on the last day of a rent period. So, if you pay your rent on the 7th of the month then the notice period of 1 months should expire on the 6th. You also have to leave sufficient time for the letter to arrive there. So I would ensure that you send by registered post at least 4 days in advance of the date that the notice period starts.
Obviously, it’s best to have proof of postage so you should certainly send by registered post.
Once you’ve done the above then you are free to leave once the notice period has expired.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

I my Tenancy Agreement there is paragraph called 2.5 Ending the Tenancy and one the the terms is saying While the tenancy is periodic the two month's written Notice must expire the day before a Rent Due Date.

Is that terms prevails over the Statutory Term Tenancy or not?

Kind regards,

Magdalena

Expert:  Thomas replied 2 years ago.
Hi Magdelena,
No, the clause in your tenancy agreement attempts to limit your legal right under statute. It is therefore unlawful and you remain only required to give the notice described above.
Kind regards,
Tom
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